HB 2110
Initials PB Page 1 Signed by the Governor
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: COM DPA 10-0-0-0 | 3
rd
Read 42-16-2-0
Senate: RAGE DP 7-0-0-0 | 3
rd
Read 27-1-2-0
Chapter: 41
HB 2110: development; adaptive reuse; rezoning; prohibition
Sponsor: Representative Biasiucci, LD 30
Signed by the Governor
Overview
An emergency measure that makes various revisions to statute relating to multifamily
residential development and adaptive reuse.
History
Laws 2024, Chapter 141 established requirements for certain municipalities to establish
objective standards to allow multifamily residential development and adaptive reuse on up
to 10% of the total existing commercial, office or mixed use buildings without requiring a
conditional use permit or any other application that would require a public hearing.
The objective standards established by a municipality must require: 1) a municipal site plan
review and approval process requirement; 2) adequate public sewer and water service for the
entire proposed development; 3) compliance with all applicable building and fire codes; 4)
that the existing buildings are economically or functionally obsolete; 5) that the existing
buildings are located on a parcel or parcels that are at least 1 acre in size but not more than
20 acres in size; and 6) a set aside of 10% of the total dwelling units for either moderate-
income housing or low-income housing or any combination of the two for at least 20 years
after the initial occupation of the proposed development.
Provisions
1. Changes the deadline for which a municipality must establish objective standards to
allow for multifamily residential development or adaptive reuse. (Sec. 1)
2. Removes language relating to the percentage cap of buildings within the municipality
that must allow for multifamily residential development or adaptive reuse. (Sec. 1)
3. Deletes language allowing a municipality to modify the percentage of buildings available
for multifamily residential development or adaptive reuse every 10 years. (Sec. 1)
4. Requires a municipality to allow for multifamily residential development or adaptive
reuse of at least 10% of the existing commercial, office or mixed use parcels. (Sec. 1)
5. Allows a municipality, in determining the minimum percentage of eligible parcels, to
analyze the commercial, office and mixed use parcels every 10 years. (Sec. 1)
6. Prohibits a municipality from:
a) designating individual parcels that are eligible for multifamily residential
development or adaptive reuse;
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☒ Emergency (40 votes) ☐ Fiscal Note HB 2110
Initials PB Page 2 Signed by the Governor
b) excluding commercial, office or mixed use parcels from multifamily residential develop
or adaptive reuse other than as permitted or if 10% of the parcels have already been
developed or adapted for reuse; and
c) excluding commercial, office or mixed use parcels from multifamily residential
development or adaptive reuse if the average sound level at the parcel is below 65
decibels. (Sec. 1)
7. Specifies that the limitations to the setback requirements for multifamily residential
development include mixed use buildings with the majority of floor area dedicated to
residential uses. (Sec. 1)
8. Adds that the maximum height and density for a multifamily residential development
must be equal to the greater of the highest allowable multifamily height and density for
a multifamily zoning district or a zoning district that allows residential development,
including commercial districts that allow for residential development. (Sec. 1)
9. Clarifies a municipality may limit the height to 2 stories in the areas of a multifamily
residential development site directly adjacent to and within 100 feet of single-family
residential zones and requires the municipality to allow for greater height in the
remainder of the site. (Sec. 1)
10. Specifies a multifamily residential development that is constructed does not qualify as
being within one mile of the parcel being redeveloped or the next closest multifamily
parcel. (Sec. 1)
11. Requires, rather than allows, the building's existing maximum allowable height remain
if the existing building's height exceeds the proposed height for an adaptive reuse
building. (Sec. 1)
12. Replaces the term buildings with parcels as appropriate. (Sec. 1)
13. Modifies the definitions for low-income housing, moderate-income housing and
nonconforming. (Sec. 1)
14. Makes technical and clarifying changes. (Sec. 1)
15. Applies the revisions for multifamily residential development and adaptive reuse
retroactively to January 1, 2025. (Sec. 2)
16. Contain an emergency clause. (Sec. 3)